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Professional tax

(Querist) 19 April 2014 This query is : Resolved 
My Advocate friend is working under a company as a legal team member and from sales tax department he got a notice and asked him to pay the professional tax because earlier he has been practised as an advocate. Company pay the Professional tax on behalf of my friend which is deducted from my friends salary.
now what my friend will be do?
he has to pay the professional tax, but what about company, company deducted the same from my friend salary?
what he will do?
what procedure he has to follow?
Thanks & Regards.
Kumar Doab (Expert) 19 April 2014
Earlier He was a practicing advocate and now he is not!
As a practicing advocate (registered/unregistered with Bar Council) he was to deposit PT @ as prescribed in the state.
In some states NO exemption was granted and in some states exemption was granted e.g. Karnataka for 10y, Maharashtra for 5Y.
As a Legal Officer of a company he has to deposit PT @ as prescribed in the state.
He may check the applicable rates and details in his state and do the needful.
He may check the demand from the Sales Tax. Dept. is for which period?

If employer has deducted PT from salary he may write to concerned official by enclosing copy of notice and obtain the details of the deposit made by company and according reply to notice.

A local lawyer/member of Bar Council can guide him!
Rajendra K Goyal (Expert) 20 April 2014
If the liability of your friend existed regarding payment of professional tax, there is nothing irregular if payed by the Co. by deducting from his remuneration. If liability as per state law does not existed, can represent to co. and proceed for refund.
Rajendra K Goyal (Expert) 20 April 2014
If the liability of your friend existed regarding payment of professional tax, there is nothing irregular if payed by the Co. by deducting from his remuneration. If liability as per state law does not existed, can represent to co. and proceed for refund.
T. Kalaiselvan, Advocate (Expert) 21 April 2014
Well advised by experts, nothing more to add except to state that in some states including Tamilnadu, advocates are exempted from paying professional tax.


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